Terms of Service

If you require any more information or have any questions, comments, or concerns about my Terms of Service, please feel free to contact me.


These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

Canceling or rescheduling

Your payment is 100% refundable if re-scheduled or cancelled 24 hours/(1 day) or more business days *before the specified due date.* Your cost is 100% NON-refundable if re-scheduled or cancelled less than 24 hours or within 1 business days *before the specified due date.* Please contact Brian Newell of any scheduling changes. Please note that my business hours are Monday through Friday from 10:00AM to 6:00PM EST/EDT.

Mixing / Mastering / Editing / Distribution Work

All work is to be carried out as described in the online conversation Contact Form with all due care and diligence using suitable equipment and competent engineering. For the avoidance of doubt, the Client acknowledges and accepts that it is incumbent upon the Client to ensure that the Pre Production Master meets with its full satisfaction as aforesaid before proceeding to mass production commercial exploitation of the recording thereon. The Eq, Compression, Edit, Mix and Remix details remain the Intellectual Property of Brian Newell and benewmusic.com, however, can be divulged explicitly under the users discretion as seen fit.


The Client shall pay the whole of the Fees online or in person, on or before the specified due date, prior to receiving final versions of materials. This transaction must be done through an approved method by PayPal, check, or cash only.

Recordings and materials

All materials will be returned to the client once the session is complete (via post or via online transfer service) along with final version of materials. All final versions or materials will be delivered in the specified format as described in the online conversation via contact with the client.

Submitting for free mastering sample

Similarly to submitting material section below, please provide:

  • Files: Stereo bounced aifs/wavs at the native bit/sample rate.  Please leave ample headroom and make sure that all files and pre production is to your satisfaction before submitting.
  • Mastering Notes:  Pass along your thoughts about mixes & mastering direction.  This will be imperative to utilize as a guide to understanding what you are aiming for in mastering.  This can include how you feel about how the mixes turned out, problem areas in the mix (overall or track specific), what you’d wish the end result could be. Anything that could be clues about where the sound would ideally go next.
  • Deadlines: All free mastering samples will be completed within 7 business days upon receiving all necessary files to process unless specified.

After submitting your song through this website or online transfer service of choice and providing sufficient information as to the direction you would like taken with the master, you will receive a free sample master MP3 at 320kbps VBR. This free sample master is intended for listening and test purposes only and may not be used, or take the place of a final master. As such, this sample master can not be used for distribution or publishing intended for commercial or personal release.

If you like the master and wish to purchase the WAV or final master file in its native resolution, please contact me to do so. See Terms of Service – Fees for more details.

Submitting materials

After making initial contact, please provide all information as described by the submission guidelines:

  • Files: Stereo interleaved AIFF/WAV at the native bit/sample rate of the recording or session.  Please leave ample headroom and make sure that all files and pre production is to your satisfaction before submitting.
  • Editing Notes: Please provide any specific details as to order, ideas, or otherwise that would help to understand the direction and specific requirements of what you would like to accomplish
  • Mastering Notes:  Pass along your thoughts about mixes & mastering direction.  This will be imperative to utilize as a guide to understanding what you are aiming for in mastering.  This can include how you feel about how the mixes turned out, problem areas in the mix (overall or track specific), what you’d wish the end result could be. Anything that could be clues about where the sound would ideally go next.
  • Album References: Albums that may have been referenced during the tracking or mixing stage that you love (sonically).  It doesn’t have to be the same genre of music but just something you think sounds appealing and captures the sound you’re aiming to achieve.
  • Limited References: Any limited or sample masters of the tracks you have been listening to.
  • Final sequence/tracklisting: With correct track titles, artist name & album title, genre, and pre-gap or hidden track notes
  • Payment: I ask for payment prior to sending final materials.  See Terms of Service – Fees for details
  • Deadlines: I plan to have all Mastering and Distribution projects finished within 7 business days upon receiving all necessary files, outside of a Force Majeure or other previously negotiated time frame. See Terms of Service –  Force Majeure for more details. Please let me know if there are any particular dates in which you must have your project complete by.

Please contact for any questions or details regarding further instructions before submitting materials for services.


Uploading of content and use of Upload Page or Link

The Upload Page is designed to be a secure and easily accessible method of transfer for final mixes, masters, user content, materials, and archival purposes for clients of Brian Newell only. It is not intended to be used as a media player or as a place for any unnecessary or personal files, whether it be the clients, owners, or otherwise. Access to Upload Page is granted with approval of Brian Newell and can be revoked at any time.

Clients shall receive access details through personal contact either by E-Mail, Message, or  in person.

Once logged in and payment has been received, the client can upload finished mixes and other transferable items which will then be used for their session.

If there are any questions, or more guidance is needed please contact me and I would be happy to assist.


License to use website

Unless otherwise stated, and/or its licensors own the intellectual property rights published on this website and materials used. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages, files or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You may not:

  • Sell, rent or sub-license material from this website;
  • Solicit products, services, or materials through this website or contact form;
  • Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • Edit or otherwise modify any material on the website;
  • Redistribute material from this website – except for content specifically and expressly made available for redistribution; or
  • Where content is specifically made available for redistribution, it may only be redistributed within your organization.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities on or in relation to this website without ‘s express written consent.
This includes:

  • Scraping
  • Data mining
  • Data extraction
  • Data harvesting
  • ‘Framing’ (iframes)
  • Article ‘Spinning’
  • You must not use this website or any part of it to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without express written consent.

User content and material

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, or to Brian Newell, for whatever purpose.

By uploading any content through this website or by other online transfer service you confirm that you are the legal owner of the content.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

I reserve the right to edit or remove any material submitted to this website, or stored on the servers.

I retain no ownership of submitted material, and provide only enhanced master, mixed, and or edited versions of submitted media files.

All digital materials submitted are catalogued and archived for future use or recall within 2 year of service. This is not a replacement nor does this indicate a liability for loss of clients submitted files and returned final materials.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, does not warrant that:

This website will be constantly available, or available at all; or
The information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

I will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • To the extent that the website is provided free-of-charge, for any direct loss;
  • For any indirect, special or consequential loss; or
  • For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
  • These limitations of liability apply even if has been expressly advised of the potential loss.


Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the liability of in respect of any:

Death or personal injury caused by the negligence of or its agents, employees or shareholders/owners;
Fraud or fraudulent misrepresentation on the part of ; or
Matter which it would be illegal or unlawful for to exclude or limit, or to attempt or purport to exclude or limit, its liability.

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect the officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as .

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Force Majeure

Notwithstanding any other term of this Agreement the Company shall not be under any liability for any failure to perform any of its obligations under this Agreement due to Force Majeure. Following notification by the Company to the Client of such cause, the Company shall be allowed a reasonable extension of time for the performance of its obligations. For the Purpose of this Condition, ‘Force Majeure’ means:
• Act of God, explosion, flood, tempest, fire or accident; war or threat of war, terrorist act, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
• import or export regulations or embargoes;
• strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Company or of a third party);
• difficulties in obtaining raw materials, labour, fuel, parts or machinery;
• power failure or breakdown in machinery

Every effort will be made to avoid and mitigate these unforeseen circumstances. Contact and written notices will be issued immediately in any event of a Force Majeure.


You hereby indemnify and undertake to keep indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by to a third party in settlement of a claim or dispute on the advice of ‘s legal advisers) incurred or suffered by arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to other rights under these terms and conditions, if you breach these terms and conditions in any way, I may take such action as deemed appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.


May revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.


May transfer, sub-contract or otherwise deal with rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.


If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with a Privacy Policy constitute the entire agreement between you and in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of New York, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts thereof.